Copyright and Terms of Use
All access to the World Wide Web pages of Barra, Inc. or any of its affiliates ("Barra") (such World Wide Web pages are referred to as these "Web Pages"), and any use of software or data accessible through these Web Pages ("Software" and "Data" respectively), is subject to these Terms of Use. Any use of these Web Pages constitutes your agreement to abide by these Terms of Use and any other terms and conditions specified on the applicable Web Pages. If you entered into a signed agreement with Barra for access to or use of any Software or Data through these Web Pages, that signed agreement supersedes these Terms of Use.
CAUTION: Nothing in these Web Pages should be construed as investment advice. You are urged to consult your own investment advisor concerning your own situation and any specific investment questions you may have. Any use of the contents of these pages for analyzing, managing or trading securities or portfolios is at your sole risk.
COPYRIGHT AND LIMITATIONS ON USE: The Software is the proprietary product of Barra, and the Data is the proprietary product of Barra and/or third parties that provide data to Barra ("Vendors"). The Software and Data are protected by copyright law and all ownership rights remain with Barra and the Vendors. You may use the Software and Data only while accessing these Web Pages. Except as expressly authorized by Barra, you will not: (a) download or copy the Software or Data in any manner; (b) use any element(s) of the Software or Data with any other software or data; (c) use the Software or Data to verify or correct any other data or index; or (d) use any Software or Data in any manner that would constitute a substitute for a license to use Software or Data (for example, use any Data to create a separate or substitute database). You agree not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the Software or Data, and you agree to provide attribution to Barra in any reference to the Data. You will not cause or permit the reverse engineering, disassembly, or decompilation of the Software or Data, except to the extent such restrictions are inconsistent with applicable law. Each Vendor is a third party beneficiary under these Terms of Use to the extent required to enable it to enforce its proprietary rights in the Data and the applicable use restrictions in these Terms of Use.
RESTRICTED ACCESS/PAYMENT: Certain of these Web Pages require a password and/or payment. Any such payment is due and payable 30 days from the date of invoice unless otherwise agreed by you and Barra. Any use or attempted use of restricted pages without obtaining the required password and/or making the required payment is unlawful and could result in civil and/or criminal penalties. Barra reserves the absolute right not to issue a password to any person or entity.
WARRANTY DISCLAIMER: THE SOFTWARE AND DATA ARE PROVIDED "AS IS" EXCLUSIVE OF ANY WARRANTY WHATSOEVER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ORIGINALITY AND NONINFRINGEMENT, AND ALL WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING AND USAGE OF TRADE OR THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURSIDICTION. NOTHING IN THIS SITE IS INTENDED OR SHALL BE DEEMED TO BE INVESTMENT MANAGEMENT OR ADVISORY SERVICES; ANY USE OF THE SOFTWARE OR DATA FOR ANALYZING, MANAGING OR TRADING FINANCIAL INSTRUMENTS IS AT YOUR SOLE RISK. The Data has been obtained from sources that Barra believes to be reliable, but its accuracy and completeness are not guaranteed. Neither Barra nor any Vendor warrants that the Software or Data will be free from error, uninterrupted or free from unauthorized hidden programs introduced without their knowledge. In addition, there is no assurance that any financial instruments identified or analyzed using the Software or Data will perform in a manner consistent with their historical characteristics, or that forecasts, expected values or market impact projections will be accurate. Barra reserves the right at any time and without notice to change, amend, or cease publishing the Software and Data.
LIMITATION OF LIABILITY: NEITHER BARRA NOR THE VENDORS SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF YOU, BARRA, ANY VENDOR OR ANY OTHER PERSON HAS BEEN ADVIZED OF THE POSSIBILITY OF SUCH DAMAGES. You assume the entire risk of any use made of the Software or Data and take full responsibility for any decisions and/or analyzes in which the Software or Data is used or relied upon. Any reliance by you or others on the Software or Data will not diminish that responsibility. Neither Barra nor any Vendor shall be liable for, and you agree to indemnify and hold Barra and the Vendors harmless from and against, any claims, expenses, losses or liabilities (including professional fees and expenses) in connection with any claim by a third party relating to your use of the Software or Data, or relating to any decisions or analyzes arising out of such use.
HYPERLINKS: You may through hypertext or other computer "links" gain access to other sites on the Internet which are not part of these Web Pages. Barra assumes no responsibility or liability for any material outside of these Web Pages which may be accessed through any such "link." The provision by Barra of a link to another site does not constitute an authorization by Barra to access materials at that site, or an endorsement by Barra of any such material.
EXPORT: You agree to comply fully with all laws and regulations to assure that neither the Software, nor any direct product thereof, is exported, directly or indirectly, in violation of any U.S. export law or regulation.
RESTRICTED RIGHTS LEGEND: Any Software which is downloaded from these Web Pages for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Barra, Inc., 2100 Milvia Street, Berkeley, CA 94704.
TRADEMARKS: Barra and names of Barra products referenced herein are trademarks or registered trademarks of Barra. All other product and company names mentioned herein are the trademarks of their respective owners.
GOVERNING LAW AND JURISDICTION: These Terms of Use will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of law principles. All suits, proceedings or claims in connection with these Terms of Use shall be brought in the courts of the State of California in the county of San Francisco and you hereby consent to the jurisdiction and venue of those courts. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unreasonable or unenforceable, such provision or requirement will be enforced only to the extent that it is not invalid, unreasonable or otherwise unenforceable and all other provisions of these Terms of Use shall remain in full force and effect.
Any rights not expressly granted herein are reserved by Barra.